07/14/2025
As I spent the past two weekends watching hours and hours of body cam footage to compare with the written DUI reports, I continue to see something that is troubling. During a DUI arrest, the officer will read several important documents to you (typically at the station prior to the BAC test) in a way that I think "legally" completes the task but avoids the real intent of the requirement.
One of the documents, titled Washington State DUI Arrest Report Constitutional Rights, is frequently read like the officer's hair is on fire. Speed reading on steroids. Half of the time, I can't even track and I have it memorized!
What troubles me is that the DOL hearings examiners will find that, as long as it is read accurately, there are no issues. In reality, the person being arrested cannot track the speed reading of their Constitutional Rights. They do not exercise their rights because they did not track what was read to them.
The "subject's signature" is then required in two locations (officer's typically write "cuffed" on this line and sign for the arrested individual). The first signature line is below the "I have read or have had read to me the above explanations of my constitutional rights and I understand these rights." (good luck "understanding" these rights) And, again, under the "I understand my constitutional rights. I have decided not to exercise these rights at this time. Any statements made by me are made freely, voluntarily, and without threats or promises of any kind."
This is where I see the most confusion and errors committed by "the subject." On many occasions, it is clear to me in body cam footage that the person being arrested is confused. They are unsure if "exercising their rights" means they are going to be in more trouble. In one video, an officer was talking about "refusing" and losing your license for a year just a few minutes before reading the Constitutional Rights page. Unfortunately, his paraphrasing of the law was wrong but it also confused the subject as to whether he could exercise his rights or whether it would be a refusal.
Your CONSTITUTIONAL RIGHTS are read to you for a reason! Use them. Get advice about the ACTUAL consequences for refusing or not refusing the BAC. Understand that you CAN perform the BAC and still exercise your right to remain silent!
So, when it comes to that awkward 15 minute observation period between the mouth check and the BAC test, where the officer asks you approximately 35 questions, you do NOT need to assist in convicting yourself (this is so important for those of you who have BACs well below the 0.08 limit are still being arrested/prosecuted for DUI). If you choose to remain silent for the interview (something we always tell our clients who call during the investigation period) and yet still perform the BAC test, this is NOT a refusal.
If you are ever being detained (or unsure if you are), always RESPECTFULLY ask "Am I free to go?" If the answer is no, it is time to exercise your rights. This does not mean "debate club" on the side of the road. It means ask to speak to a lawyer and then stop talking. You will never talk your way out of a situation where an officer is intent on arresting you. We've watched hundreds of attempts to do so on body cam. It doesn't work. So, seriously, stop talking!
